The prayer in this writ petition is for issuance of a Writ of Mandamus, to call for the records relating to the order passed by the 3rd respondent in his order No.V-15014/L&R/SS/Rer/LJP/2016-11159, dated 20.11.2016 confirming the order passed by the 4th respondent in his Appellate Order No.V- 11014/CISF/L&R/Appl.(JP-VSSC(T)/(10/15) / 15/7997 Dated.04.12.2015 confirming the order passed by the 5th respondent dated 12.08.2015 in his Final Order No.V/15014/CISF/VSSC/Disc/CT/LJP/IPRCM /2015-5145, and quash the same and to direct the respondents to pay all Monetary Benefits and thus render justice.
2.The petitioner is a Constable in Central Industrial Security Force nit, Cochin Port Trust, Cochin, and he was proceeded departmentally under Rule 36 of CISF Rules, 2001 by the Assistant Commandant, CISF Unit, IPRC Mahendragiri, vide Memorandum No(1187) dated 24.04.2015 on the following article of charges:-
there was manipulation of records and in that process, there was a shortage milk and that the petitioner has committed the act prejudicial to the image and discipline of the force. For the charges dated 25.04.2015 , the petitioner submitted a detailed explanation and enquiry officer was appointed who gave his findings after the completion of the enquiry, vide his report dated 19.07.2015 to the disciplinary authority holding that out of the three charges two are proved and one is not proved. The petitioner was given copy of the enquiry report to submit his objection and after receipt of the same and affording a due opportunity, the petitioner was imposed with the punishment of ____. Aggrived by the order of the disciplinary authority, the petitioner finally preferred revision on 08.02.2016 and in view of the detailed discussion has been made. Totally 6 witnesses were examined and documents were marked. Based on the evidence and exhibits that the petitioner was detailed as Canteen salesman for the CPC and was doing the same task on the date of incident i.e., 14.04.2015 and there were many items missing in the ledger after detailed enquiry, punishment has been imposed. In fact, it has been sated that perusal of the evidence of PW6, Ex.P18 and Exhibit P.10 (CCTV image) adduce during the course of enquiry, it is clearly visible that something is concealed beneath the milk crates while the vehicle was going out.
Though the learned counsel for the petitioner stressed the point that the petitioner has not committed any misconduct and that he has been made as scapegoat for other persons' mistake and even assuming without admitting that the charges are proved, punishment imposed is excessive. The Supreme Court in ____ has categorically held that this Court is not the appellate court to substitute its view and to give a different conclusion. The Kerala High Court in the judgment _________ following the Apex Court judgment held that even if there are factual error , it cannot be interfered with when a detailed finding has been rendered.
Hence, I do not find any merit in this writ petition. Accordingly, this Writ Petition is dismissed. No costs.
To
1.The Secretary to Government, Union of India, Ministry of Home Affairs, New Delhi.
2.The Director General, Central Industrial Security Force, CGO Complex, Lodhi Road, New Delhi-110 003.
3.The Inspector General, General Industrial Security Force South Sector, Near War Memorial, Chennai.
4.The Deputy Inspector General, Central Industrial Security Force, DOS Head Quarters, Bangalore-560094.
5.The Commandant CISF Unit VSSC, Thumba, Kerala.
6.The Assistant Commandant CISF unit IPRC-
Mahendragiri, Tamilnadu..